Investigators in the Pollachi sexual assault case are disappointed that their pursuit for putting together more evidence in the case has hit a roadblock with WhatsApp refusing to cooperate. The police on Tuesday complained to the Madras High Court that the messaging app refused to share details sought by the investigators regarding the Pollachi sexual assault case. The role of WhatsApp, in this case, is paramount, as it was used as a medium for sharing and circulating videos.
Earlier in March this year, the Crime Branch CID of the Tamil Nadu police had written to social networking website Facebook and mobile messaging platform WhatsApp seeking log details for the last one year of the four accused in the Pollachi sexual assault case. The accused had videographed sexual acts and abusive behaviour with women, and shared it through WhatsApp and Facebook. The reason why investigators ask for log in and log out times is to prove in Court beyond doubt that the accused were using the messaging platform at a particular time and cannot get away claiming the evidence against them is fabricated.
A Division Bench of Justices S Manikumar and Subramonium Prasad who heard the petition questioned the Centre as to why it should not ban such social media platforms like Facebook, WhatsApp, YouTube, Twitter etc in the country if they did not adhere to the law of the land and not assist the investigating agencies in solving cyber crimes.
The Centre then brought to the Court’s attention that as mandated under the Information Technology (Intermediaries guidelines) Rules of 2011 many social media companies were yet to appoint Grievance Officers in the country.
It may be noted that WhatsApp in its privacy policy states “We may collect, use, preserve, and share user information if we have a good faith belief that it is reasonably necessary to (a) keep our users safe, (b) detect, investigate, and prevent illegal activity, (c) respond to legal process, or to government requests, (d) enforce our Terms and policies.”
A report in The Hindu says that the Assistant government pleader complained to the judge about WhatsApp's behavior as the court was hearing a Public Interest Litigation, that was filed by advocate Antony Clement Rubin last year, Additional Government Pleader E Manohar told the Court that non-cooperation from social media giants proved to be a serious concern for cracking cyber crimes.
In his PIL, Antony had sought a directive from Centre to make linking of Aadhaar mandatory for opening e-mail and social media accounts. This would make it easier for identifying those who spread violence and hate messages on social media he argued.
The Court adjourned the case to April 25 for further hearing and ordered notices to all social media companies seeking their response.